Dáil debates

Wednesday, 7 December 2005

Good Samaritan Bill 2005: Second Stage (Resumed).

 

12:00 pm

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)

While the Good Samaritan Bill 2005, which I welcome, seems to have some technical flaws, the motivation for it is good. It is difficult to see how this issue can be raised in a serious manner without the introduction of legislation. If our common law in this regard does not reflect natural justice, we should intervene by producing such legislation. The Bill is refreshing because it appeals to the highest common denominator. I try to live my life while seeing the glass as half full. We should always try to bring the best out in people, rather than focusing on sanctions to curb or modify behaviour.

I was impressed by the response to the appeal of Mr. Niall Mellon for assistance with the construction of homes in South Africa. Many Irish citizens, including film stars who gave up their time and prisoners who made flags for the Croke Park event, made voluntary contributions as part of the enormous community involvement in the Special Olympics World Summer Games in 2003. The Irish soccer supporters, who act as a unit, are another example of a particular genus that can be called on if we appeal to the highest common denominator. We should strive to remove impediments to that motivation. There have been times in the past when good people have decided not to volunteer because things like insurance have stood in their way, as Deputies mentioned earlier. A significant opportunity has been lost in that regard.

The sorrow of individuals and families when their loved ones are involved in accidents or are injured is compounded when they do not receive assistance. The failure of people to help is often the aspect that is focused on when the media pay attention to particular incidents. In recent weeks, a teenage girl was sexually assaulted on the No. 39 bus in broad daylight while people sat nearby without intervening. It is important that we approach this matter in a way that reverses many people's attitudes to ensure that they are confident they will not be penalised if they intervene. While there may be flaws in this Bill, the Minister should accept its principle and amend it, if necessary, on Committee and Report Stages. It is interesting that the Minister introduced the Criminal Justice Bill 2004 without many of its most serious and controversial sections, relating to anti-social behaviour orders, for example. Given that he plans to deal with such matters on Committee Stage of that Bill, what is wrong with making changes to this legislation on Committee Stage, if he feels it needs to be amended? I welcome the Bill because it reinforces the positive rather than governs by sanction.

When I was canvassing in County Kildare, which I do not imagine to be very different from any other place, during last year's local elections and this year's by-election, I sensed that people were thinking much more collectively than they had done in the recent past. That is something we can use. Many people are frustrated that our healthy economy has not delivered a better society. We have to intervene if we are to build such a society. This type of legislation is the kind of intervention we need.

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